Land and Environment Court of New South Wales CITATION : Charlton v Moore [2009] NSWLEC 61 APPLICANT: Belinda Lee Charlton FIRST RESPONDENT: Susan Rosalie Moore PARTIES : SECOND RESPONDENT: Alison Gay Howlett THIRD RESPONDENT: Singleton Council FILE NUMBER(S) : 40130 of 2009 CORAM: Biscoe J KEY ISSUES: PRACTICE AND PROCEDURE :- test for joinder of a party. LEGISLATION CITED: Uniform Civil Procedure Rules 2005, r 6.24(1) CASES CITED: News Limited v Australian Rugby Football League Limited [1996] 64 FCR 410 DATES OF HEARING: 16 March 2009 EX TEMPORE JUDGMENT DATE : 16 March 2009 APPLICANT: Mr P Larkin SOLICITORS Thompson Norrie LEGAL REPRESENTATIVES: FIRST - THIRD RESPONDENTS: Ms C Adamson SC SOLICITORS Sparke Helmore JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES BISCOE J 16 March 2009 40130 of 2009 CHARLTON v MOORE & ORS EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a notice of motion by the applicant to join Mr Gary Woodman as fourth respondent. The motion is not contested by Mr Woodman or any other party. The Uniform Civil Procedure Rules 2005 r 6.24(1) provides: "If the court considers that a person ought to have been joined as a party, or is a person whose joinder as a party is necessary to the determination of all matters in dispute in any proceedings, the court may order that the person be joined as a party." 2 In my opinion, the appropriate test for joinder is that adopted in News Limited v Australian Rugby Football League Limited [1996] 64 FCR 410 at 524. There the Full Court of the Federal Court, in the context of an equivalent rule of the Federal Court, adopted the following test for joinder proposed by Lord Diplock in Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 (at 55-56): "'A better way of expressing the test is: will his rights against or liabilities to any party to the action in respect of the subject matter of the action be directly affected by any order which may be made in the action?' An order which directly affects a third person's rights against or liabilities to a party should not be made unless the person is also joined as a party. If made, the order will be set aside." 3 In my opinion, this test is satisfied because the applicant is challenging the validity of a resolution by Singleton Council under which Mr Woodman would be its acting general manager for the period from 23 March to 30 June 2009. Consequently, Mr Woodman is a person whose legal interests will be directly affected if the relief sought by the applicant is granted. 4 Accordingly, I order that Gary Woodman be joined as fourth respondent. The exhibits may be returned. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.